HIGH COURT REJECTS AL-AQABAH'S PETITION

C O N F I D E N T I A L SECTION 01 OF 02 JERUSALEM 000765

SIPDIS

NEA FOR FRONT OFFICE. NSC FOR ABRAMS/SINGH/PASCUAL

E.O. 12958: DECL: 05/06/2018
TAGS: KWBG PGOV PREL PTER PHUM KPAL IS
SUBJECT: HIGH COURT REJECTS AL-AQABAH'S PETITION

REF: JERUSALEM 650

Classified By: Consul General Jake Walles, per reasons 1.4 (b) and (d)


1. (C) Summary. On April 26, the Israeli High Court of
Justice (HCJ) rejected Khirbet al-Aqabah's petitions to
rescind demolition orders issued against 11 structures, but
said "for the time-being" the Civil Administration will not
demolish the mosque, kindergarten, women's center, clinic,
and three homes built within a limited radius from the center
of town. Mayor of al-Aqabah Haj Sami Sadeq told Poloff on
May 5 that at least 15 homes located outside the circle risk
immediate demolition by the IDF. Attorney Abdullah Hammad
told Poloff May 6 that he will submit a master plan for
al-Aqabah, which includes the 35 structures for which there
are pending demolition orders, to the West Bank Civil
Administration for approval. If the Civil Administration
rejects the plan, he intends to appeal the case in court.
End Summary.

High Court Rejects Petition
--------------


2. (C) On April 17, the Israeli High Court of Justice (HCJ)
heard Khirbet al-Aqabah's petitions (HCJ 143/04 and HCJ
8440/04) to rescind 11 demolition orders issued against eight
private homes, a mosque, women's center, and kindergarten.
Al-Aqabah residents also petitioned the HCJ to freeze the
demolition orders for 24 months while residents prepare a new
master plan. On April 26, the HCJ rejected the petition and
said al-Aqabah village council does not have "permission for
chaotic building and setting facts on the ground that may
create obstacles for future planning." The ruling also
stated that "revoking the demolition orders is like
authorizing the building offenses." The HJC referred to the
Civil Administration proposal to freeze demolition orders for
the mosque, kindergarten, women's center, clinic, and three
homes built within a limited radius from the center of town
and said also on April 26 that the Civil Administration is
"not planning to demolish them for the time-being."

Next Step: Submit New Master Plan
--------------


3. (C) Abdullah Hammad, attorney and director of the
Jerusalem Legal Aid and Human Rights Center, told Poloff May
6 that he is working with the Israeli NGO Bimkom Planners for
Planning Rights to draft a master town plan that includes the
35 structures in al-Aqabah that have pending demolition
orders. Within two weeks, Hammad will submit the revised
master plan to the West Bank Civil Administration for
approval. He said the Civil Administration argued during the
April 17 hearing that they cannot issue building permits for
al-Aqabah structures, because the village council never filed
a comprehensive town plan. Hammad said "the master plan is
the solution for al-Aqabah," but if the Civil Administration
rejects it, he will appeal to the HCJ. (Note: Abdullah
Hammad replaces attorney Elia Tusya Cohen, who was hired by
the American NGO The Rebuilding Alliance, to represent
al-Aqabah residents. On April 30, Hammad was hired directly
by al-Aqabah village council. On May 4, Minister of
Information Riad al-Malki told press that the PA will give
30,000 USD to al-Aqabah village council to cover legal fees.
End Note).

Homes Outside Circle Fear Demolition
--------------


4. (C) Mayor of al-Aqabah Haj Sami Sadeq told Poloff on May
5 that twenty percent of al-Aqabah's land falls within the
circle proposed by the Civil Administration and that at least
15 homes are located outside. He said these homes risk
immediate demolition by the IDF and added that several
families of ten live outside the circle. On May 6, Hammad
told Poloff that salvaging the structures within the circle
does little good as most residents live outside the circle.
He noted that if the homes outside the circle are demolished
and al-Aqabah residents leave the village, the structures
inside the circle, including the mosque, kindergarten, and
women's center, will remain empty and useless.

Comment
--------------


5. (C) Post understands that Khirbet al-Aqabah is on the
list of 25 Area C town plans slated for GOI approval.
However, as of May 6, neither Mayor Sadeq nor attorney Hammad
had heard about pending or confirmed approval. Post has
received numerous Congressional requests for updates on
al-Aqabah, and after the April 26 ruling, the Rebuilding

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Alliance told Post that that it has urged Congressional staff
to contact the Israeli Embassy in Washington to encourage the
Civil Administration to approve al-Aqabah's town plan and
issue building permits retroactively. Al-Aqabah is in the
greater Jenin area, which may have contributed to the PA
decision to fund its legal fight. GOI home demolitions there
will command significant attention, given the PA's new effort
to bring law and order and to make the PA the responsible
authority.
WALLES